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STATE v. SIMSON

86-0353; CA A42379.

762 P.2d 323 (1988)

93 Or.App. 330

STATE of Oregon, Respondent, v. Larry Alden SIMSON, Appellant.

Court of Appeals of Oregon.

Decided October 12, 1988.

Attorney(s) appearing for the Case

Leland R. Berger, Portland, argued the cause for appellant. With him on the brief was Jon Martz, Certified Law Student, Portland.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

Defendant appeals his convictions for theft in the first degree, ORS 164.055, unauthorized use of a motor vehicle, ORS 164.135, and conspiracy. ORS 161.450. We reverse and remand.

Defendant was employed for 20 years as a truck driver for United Grocers. About 3:30 a.m. on December 18, 1985, he was having breakfast, as he customarily did, at a restaurant in Sherwood. He had parked his truck in the restaurant lot and had left the keys in...

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